Jamaica International Insurance Co Ltd v the Admin General for ...

[18] She asked that the claim form be extended to facilitate service in the interestsof justice, and stated that there would not be any prejudice to the applicant as it hadknown about the potential claim from as early as 2005 from the attorneys representingMiss Monteith.[19] The applications were heard by Master George and she disposed of them asindicated previously. I will set out summarily the basis of the pertinent rulings made byher.The rulings of Master George[20] The learned master reviewed the competing positions of counsel in the matterparticularly with regard to the interpretation of section 2(1) and (2) of the LRMPA inrespect of whether the time for filing the claim had expired. The issue was whether thetime for limitation of the action began to run from the cause of action, being the date ofthe accident (being also the death of the deceased) for a period of six years or from thedate of the grant of letters of administration. The master referred to the dictum ofDowner JA in the case of Attorney General v Administrator General of JamaicaSCCA No 11/2001, delivered 29 July 2005, where he had opined that it was the latter.He said:“.. Since the action is for the benefit of the Estate timebegins to run from the time Letters of Administration weregranted.”